City of O'Fallon, MO Article III Miscellaneous Provisions

Section 135.125 Levy And Collection Of Special Assessments.

[R.O. 2008 § 135.125]

A. In planning the construction of any public improvement, including, but not limited to, the construction or repair of sewers and sewer systems, sidewalks, sidewalk curbing, guttering, squares, streets, roads and public ways, the City Council may determine whether the public improvement will benefit particular real property and, if so, whether the public improvement is to be financed by special assessment of the real property benefitted thereby.

B. If the City Council proposes to specially assess benefitted property owners, it shall cause plans and specifications for the project, together with an estimate of the total cost for the projects, including elements referenced elsewhere in this Section and design, engineering, property acquisition, construction, a reasonable construction contingency, the value of the time of City personnel involved in the project, and an amount not to exceed twenty percent (20%) of the total estimated cost of the improvement to be used for payment of related fees and other expenses, and an estimate of the portion of the total cost to be assessed against each property to be benefitted by the project, to be prepared and filed with the City Clerk, and shall cause notice of the filing thereof to be published in a newspaper circulated in the County. A public hearing shall be had before the City Council upon the request of three (3) or more such benefitted property owners, at which hearing citizens may express their assent or objection to such project.

C. When any public improvements to be paid for in whole or in part by special assessment are completed, the City Administrator shall cause to be computed the entire cost and expense thereof, including any cost or expense incurred by the City. The Council shall levy and assess such cost and expense, or the part determined by the City Council to be paid by special assessment, as a special tax.

D. The Council shall, by ordinance, direct the issuance of such special tax bills. The tax bills so authorized shall thereupon become a lien upon the lot, tract or parcel of land described in said tax bill. Liability for and the extent, duration and priority of said special assessments and liens shall be governed by Sections 88.812 and 177.021, RSMo.

E. Special tax bills shall be prima facie evidence of what they contain and of their own validity, and no mere informality or clerical mistake in any of the proceedings shall be a defense. All special tax bills issued by the City shall be assignable.

F. The costs and expenses that the City may levy special assessments for shall include, but are not limited to, design, engineering, property acquisition, excavation, construction, demolition, purchase of materials and labor, grading, paving, curbing, trenching, repair and any other costs and expenses associated with the public improvement. The special tax bills may bear interest not to exceed ten percent (10%) per annum; all the tax bills shall become due and payable sixty (60) days after the date of issue thereof, except in the case of tax bills payable in installments.

G. The City may levy special assessments upon any privately or publicly-owned property benefitted by public improvements which relate to the erection, construction and maintenance of sewers and sewer systems, and of sidewalks, guttering, curbing and paving of the streets and alleys adjoining and abutting the real estate of any general or special purpose political subdivision, district, or other public body or entity created or authorized by the Constitution or laws of the State of Missouri, including those subject to the provisions of Section 177.021, RSMo., and property owned by any railroad, and may issue special tax bills to the owner(s) of said property for the collection of said special assessments, and the owners thereof shall be subject to payment for and the lien of the special tax bills issued by the City on the same basis as any privately owned property, and the owner of the same shall be subject to suit in default of the payment of such special tax bill. However, no property held for public use shall be sold to enforce any such lien, and the judgment upon any such tax bill shall be the same as an ordinary judgment against the owner of such property for the recovery of money on contracts, and its collection shall be enforced in the same manner as it now or may hereafter be provided by law for the collection of judgment against the owners of such public property.

H. Roads, Streets And Other Public Ways. In the construction or improvement of any sewer and sewer system, sidewalk, square, public road, street or other way, it shall be presumed that the property benefitted by such improvement is that property which adjoins and can reasonably have access to or make use of the sewer or sewer system, sidewalk, square, road, street or other facility to be constructed or improved. The costs and expenses for the construction or improvement to be paid for in whole or in part by special assessment shall be apportioned among the benefitted owners in proportion to the number of feet of frontage owned by each such benefitted owner.

Section 135.130 Contractors Encouraged To Employ Local Residents.

[R.O. 2008 § 135.130; R.O 2007 § 135.890; Ord. No. 2069 §§ 3 – 6, 9-15-1992; Ord. No. 5690 § 1, 3-24-2011]

A. All business entities contracting with the City of O'Fallon for construction, repairs, maintenance and service projects funded with tax revenues of the City of O'Fallon are encouraged and urged, to the extent possible, to employ residents of the City of O'Fallon to work on such projects, and are further encouraged to urge their subcontractors to employ City of O'Fallon residents to work on such projects.

B. The City of O'Fallon will encourage all contractors and subcontractors on City funded projects to implement the policy recommendation of the Federal Committee on Apprenticeship, United States Department of Labor, Employment and Training Administration, and shall include the following language in bid specifications issued by the City:

The City seeks to ensure that the highest quality workmanship will be performed on its projects and to do so, encourages bidders to use workmen on the project who have satisfactorily completed apprenticeship programs developed and operated in accordance with the policy recommendation, dated January 28, 1992, of the Federal Committee on Apprenticeship, U.S. Department of Labor, Employment and Training Administration, Office of Workbased Learning, Bureau of Apprenticeship and Training (the "Policy Recommendation"). All bidders are required to certify in their bids the percentage of their workmen for the project which have satisfactorily completed such a program for the type of work they will be performing.[1]

[1] Editor's Note: Former Section 135.140, Surplus Property Disposal, and Section 135.145, Sale or Lease of City-Owned Real Estate, which immediately followed, derived from R.O. 2007 § 135.800, Ord. No. 4438 §§ 1 – 2, 12-16-2002, and Ord. No. 5426 § 1, 2-12-2009, were repealed 4-12-2012 by § 1 of Ord. No. 5780. Former Section 135.150, Financial Policies and Procedures Manual, which immediately followed, enacted 3-13-2008 by § 1 of Ord. No. 5300, as amended by Ord. No. 5780 § 2, 4-12-2012 and Ord. No. 6016 §§ 1 – 2, 8-14-2014, was repealed 9-10-2015 by § 1 of Ord. No. 6132. Section 2 of Ord. No. 6132 also adopted Financial Policies for the City, which are on file at the City’s offices. See note regarding Financial Policies and amendments thereto at the beginning of this Chapter.